EPA v. MENNEN DE PUERTO RICO LTD

Case summary

THE REGION IS SEEKING AUTHORIZATION TO INITIATE PRE- REFERRAL NEGOTIATIONS WITH MENNEN DE PUERTO RICO LTD ( MENNEN ) AND IS FORWARDING A MINI-LIT REPORT AND PROPOSED CONSENT DECREE. MENNEN OPERATES A FACILITY LOCATED AT STATE ROAD NO. 3 KM 24.3, JUNCOS, PR. THE FACILITY DISCHARGES POLLUTANTS INTO THE GURABO RIVER AND CEIBA CREEK, WATERS OF THE U.S. PURSUANT TO SECTION 402 OF THE CWA, 33 U.S.C. SECTION 1342, A NPDES PERMIT NO. PR0025135, WAS ISSUED ESTABLISHING DISCHARGE. DURING THE PERIOD FROM 5/1/88 TO 3/31/91, MENNEN'S DISCHARGE MONITORING REPORTS SUBMITTED TO EPA INDICATE THAT EFFLUENT DISCHARGE LIMITS FOR THE OUTFALLS WERE EXCEEDED. THE PROPOSED CONSENT DECREE REQUIRES THE DEFENDANT TO ENTER INTO A COMPLIANCE SCHEDULE WITH EPA THAT WOULD ELIMINATE ITS DIRECT PROCESS WASTEWATER DISCHARGE AND IMPLEMENT BEST MANAGEMENT PRACTICE FOR ITS STORMWATER DISCHARGE BY 9/30/91. THE REGION IS ALSO SEEKING A STIPULATED PENALTY PROVISION FOR ANY VIOLATIONS OF THE CONSENT DECREE. IN ADDITION, THE EPA SEEKS TO RECOVER IN SETTLEMENT, A CIVIL PENALTY OF $563,700, THE SETTLEMENT AMOUNT REPRESENTING THE ECONOMIC BENEFIT TO MENNEN FOR NON-COMPLIANCE ($283,000) PLUS A GRAVITY COMPONENT ($280,700) CALCULATED IN ACCORDANCE WITH THE AGENCY'S CWA CIVIL PENALTY POLICY. * FACILITY ADDRESS: MENNEN DE PUERTO RICO LTD STATE ROAD NO. 31, KM 24.3 JUNCOS, PR 00936 * PER REPORT FROM THE DEPARTMENT OF JUSTICE DEFENDANT PAID 563,700.00 ON 11/20/92.

Defendants (2)

• MENNEN DE PUERTO RICO LTDNamed in complaintNamed in settlement
• MENNEN CONamed in complaintNamed in settlement

Facilities (1)

• MENNEN DE PUERTO RICO LTD

  STATE RD 31 KM 24.3, JUNCOS, PR, 00777

  Registry ID: 110010601802

Statutes cited

• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• MENNENentered 1992-07-23

  Primary law: CWA

  Federal penalty: $563,700

Timeline (8 milestones)

• 1990-03-22Enforcement Action Data Entered
• 1991-06-27PRN Sent
• 1992-06-12Referred To Dept Of Justice
• 1992-07-09Complaint Filed With Court
• 1992-07-23Final Order Lodged
• 1992-07-23Final Order Entered
• 1992-07-23Concluded
• 1994-03-29Enforcement Action Closed